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(Red Deer RCMP)
Sentence Reduced

Man charged in fatal stabbing successfully appeals sentence for breach of conditions

May 3, 2021 | 2:20 PM

An O’Chiese First Nation man charged in a fatal Red Deer stabbing two years ago has successfully appealed a six-month jail sentence for breaching release conditions last October while out on bail.

Quentin Lee Strawberry, 39, pled guilty to three charges for breach of conditions on Dec. 22, 2020, with defence lawyer Maurice Collard seeking a 30-day sentence, while the Crown had sought 90 days. A six-month sentence, however, was handed down by provincial court judge David Plosz.

Strawberry’s appeal was heard by Justice Glen Poelman of the Court of Queen’s Bench on May 3, with the Crown consenting to the appeal.

Defence lawyer Maurice Collard says Justice Poelman ordered Strawberry’s sentence to be reduced to 30 days total on all three counts, and to be served concurrently.

“We believe the sentence was excessively high and unduly harsh, being six times what we thought was appropriate, and double the sentence sought by the Crown,” Collard said in a statement to rdnewsNOW. “We believe the learned judge put to too much emphasis on the fact Mr. Strawberry was on release for murder, along with his criminal record. When I believe things are wrong I will appeal.”

Strawberry faces counts of second-degree murder and assault in the March 29, 2019 stabbing death of 45-year-old Joseph Gallant, and an attack on Gallant’s common-law partner, Amanda Carter.

Gallant suffered a fatal stab wound to the chest from a machete at his Grandview residence early that morning, with the identity of the attacker being the primary issue at trial.

Justice Marilyn Slawinsky is expected to announce her verdict in the case on May 10 in Red Deer Court of Queen’s Bench.

“Mr. Strawberry and I believe that on May 10 he will be acquitted of homicide and as a result of this successful appeal, he should be released without conditions on that date,” added Collard. “The Justice system isn’t perfect, but when there are errors, appeals are available. In this case the appeal system has worked very well and we are very happy with the outcome.”